Re: Freaky copyright laws [was: SUN RPC code is DFSG-free]

[tb@becket.net (Thomas Bushnell, BSG)]

Branden Robinson <branden@debian.org> writes:

> There have been efforts in the U.S. to undo the effects of _Feist_
> through legislation.  One example is the "Collections of Information
> Antipiracy Act"[1].  (I don't think that bill passed.)

However, such a law is also probably not Constitutional.  The argument
in Feist is that there is no author at all of such a raw collection of
informtion.  The Constitution only permits copyright to extend to
*authors*.

The Commerce Clause might also be used, of course, but there a whole
new First Amendment issue would arise, and quite possibly nix the law
for that reason.

Thomas